10 Tex. Ct. App. 540
Decided July 1, 1881
Court of Appeals of Texas · decided 1881-07-01
Tried below before the Hon. T. M. Paschal. The indictment charged the appellant and one Dimmick jointly with the theft of 60 head of sheep. The trial of the appellant resulted in his conviction as charged, but found that he voluntarily returned the property within a reasonable time, and before the institution of this prosecution, and assessed his fine at $25.
Decided 1881-07-01
¶1As shown by the record the evidence is, in our opinion, insufficient to support the verdict and judgment of conviction; and in view of the meagerness of the inculpatory facts the court should have granted a new trial in order that appellant might have had the benefit of the testimony of H. M. Dimmick, who had been jointly indicted with him, but who had been tried and acquitted subsequent to the conviction of appellant.
¶2Reversed and remanded.